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Justinian I · The Digest of Justinian §40.7.37.pr

Bequest for Manumission and Immediate Freedom

Passage 6508 of 9271 · Latin

Summary

Gaius presents the view that if a slave is bequeathed to someone for the purpose of manumission with a proviso that the slave is to be free if not manumitted, the slave becomes free immediately.

[GAIUS libro singulari de casibus. ] §40.7.37.prSi ita scriptum sit: 'Stichum Titio do, ut eum manumittat: si non manumiserit, liber esto', statim Stichum liberum esse.
[GAIUS, from the single book on Cases.] If it should be written thus: 'I give Stichus to Titius, so that he may manumit him; if he does not manumit him, let him be free', Stichus is immediately free.

Notes

  1. §40.7.37.prstatim Stichum liberum esse — The main clause is structured as an accusative with infinitive (AcI), with a governing verb indicating a juristic opinion or decision (such as placuit or putat) being omitted. "Immediately" (statim) is understood to mean either the moment it is established that the legatee did not manumit him, or that he becomes free directly under the testament without any intermediate steps.
  2. §40.7.37.prut eum manumittat — This is a ut-clause with the present subjunctive manumittat, expressing the purpose or charge (modus) attached to the legacy (do). It is translated as "so that he may manumit him" or "for the purpose of manumitting him".

Cite this passage

Justinian I, The Digest of Justinian §40.7.37.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.7.37.pr

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